Dinesh @ Diniya @ Lala Ram vs State Of Rajasthan
2022 Latest Caselaw 14559 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
  S.B. Criminal Misc Second Suspension Of Sentence Application
                       (Appeal) No. 371/2022

                                       IN

                S.B. Criminal Appeal No.1414/2019

Dinesh @ Diniya @ Lala Ram S/o Dungraram, Aged About 35
Years, By Caste Jat, R/o Village Bhurtiya, Baitu Police Station,
District Barmer. (Lodged In Central Jail Jodhpur).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)         :    Mr. Dhirendra Singh, Sr. Adv., assisted
                               by Mr. Bhanwar Lal Dudy &
                               Ms. Priyanka Borana
For Respondent(s)         :    Mr. M.S. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

12/12/2022

     Counsel for the appellant has drawn attention of this Court to

order dated 02.08.2022 in S.B. Criminal Misc. Suspension of

Sentence Application (Appeal) No.371/2022 and submits that

there was an elementary effect in the proceedings which arose

due to FSL not being treated as Exhibit and it was to be put in

Part-II, rather than Part-I, which deprived the appellant an

opportunity to confront.

     Counsel for the appellant submits that once such a flaw in

the trial has happened, then this Court ought to give benefit of

such flaw to the accused while considering his application for

suspension of sentence.

                    (Downloaded on 14/12/2022 at 12:06:42 AM)
                                                                                (2 of 2)                     [SOSA-371/2022]



                                         Counsel for the appellant has referred to the judgment of

                                   Hon`ble Supreme Court in Babu Singh and Ors. Vs. The State

                                   of   U.P.,      reported    in    1978         AIR     527,       whereby       second

                                   consideration at a later stage has been dealt with.

                                         Learned Public Prosecutor opposed the application.

                                         Upon      careful    perusal     of     record      as      well    as   conjoint

                                   consideration      of the arguments advanced, this Court is of the

                                   opinion that through the flaw pointed out may have caused some

                                   difficulty to the accused but at the same time connection between

                                   him and the crime has been dealt with in earlier order of dismissal

                                   of suspension of sentence application by this Court passed in S.B.

                                   Criminal Appeal No.1414/2019,                decided on 04.09.2021 and any

                                   re-consideration of the issue at this stage is not warranted even

                                   on the count that there are 16 cases of heinous nature, which

                                   were lodged against the present appellant, and out of that five

                                   cases are of NDPS Act.

                                         In light of the aforesaid observation and the earlier order

                                   passed, the present second suspension of sentence application is

                                   also dismissed.

                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

127-Sanjay/-

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